The plaintiffs brought a motion for a representation order under Rule 10 of the Rules of Civil Procedure to appoint Chief Kirby Whiteduck to represent the 'Algonquins' in an action challenging Ontario's decision to grant harvesting rights to two Métis communities in a settlement area currently under treaty negotiation.
The Métis Nation opposed the motion, arguing the class was insufficiently defined and the proposed representative lacked authority.
The court found that the class of collective rights holders was sufficiently defined, the claim was collective in nature, and the balance of convenience favoured appointing the proposed representative.
The motion was granted.
